Digital Commons Network^™

Construction Law, Dennis J. Webb Jr., Henry L. Balkcom Iv, Dana R. Grantham

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia appellate courts between June 1, 2003, and May 31, 2004. The cases discussed primarily fall within five categories: (1) contract; (2) tort; (3) mechanics' and materialmen's liens; (4) arbitration; and (5) legislation. The Article also includes a miscellaneous section covering noteworthy cases that do not fit neatly into the sections enumerated above.

Local Government Law, R. Perry Sentell

Mercer Law Review

"My city was desirous of suing the county for violating the city's zoning ordinance .... As City Attorney, I was requested to research the matter and give an opinion to the Mayor and Council .... After giving my opinion that a suit against the county would be contrary to law and might subject the city (and its lawyer) to attorney's fees, the [Mlayor and [Clouncil voted unanimously to sue the county. The local newspaper's headlines read, 'City Votes Unanimously To Sue County Against Advice of City Attorney!' One of the Council members was quoted as saying, 'regardless of the law, …

Death Penalty Law, Holly Geerdes, David Lawless

Mercer Law Review

This Article surveys the death penalty decisions of the Georgia Supreme Court from June 1, 2003, through May 31, 2004. The cases discussed include those heard by the supreme court on interim appeal, on direct appeal, and on review of habeas corpus decisions. Focusing on the court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not discuss holdings in capital cases that are common to all criminal appeals. Four United States Supreme Court decisions are included in this survey because of their salience to Georgia death penalty law.

Torts, Deron R. Hicks

Mercer Law Review

In Music v. Steamco, Inc., the Georgia Court of Appeals affirmed the trial court's grant of summary judgment in favor of a restaurant in a slip and fall action. The action was filed by a patron of the restaurant who suffered injuries when she fell down a set of stairs while exiting the restaurant. Plaintiff, after having lunch with her friends at defendant's restaurant, prepared to leave the restaurant by way of the same stairs she used to enter the restaurant. As she stood at the top of the stairs, plaintiff noticed water on the steps; however, the steps …

Insurance, Stephen M. Schatz, Stephen L. Cotter, Bradley S. Wolff

Mercer Law Review

Across the board, courts strictly applied insurance contracts as they were written. Typical of this survey year, insureds went zero for five in attempts to escape from their responsibility to read their policies. Public policy arguments did not seem to work. At the end of the survey year, the Georgia Court of Appeals further clarified the application of coverages in complex areas of insurance for "advertising injury" and "construction defects."

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary K. Radford

Mercer Law Review

This Article examines the major cases decided and legislation enacted from June 1, 2003 through May 31, 2004. The cases and statutes discussed cover the substantive law relating to decedents' estates, trusts, and guardianships, and to the fiduciaries who administer these entities.

Administrative Law, Martin M. Wilson

Mercer Law Review

This Article surveys the Georgia Supreme Court and Georgia Court of Appeals administrative law cases from June 1, 2003 through May 31, 2004. Over two dozen pertinent cases were decided during the survey period, many of them containing highly novel elements. The novelty of certain facets of the cases only stands to reason, as all levels of government continue to increase reliance upon administrative agencies to perform necessary functions. The regulatory framework imposed by these agencies never fills in all the blanks regarding those functions. The unanswered questions invariably invite appellate court decisionmaking.

No attempt has been made in this …

Drs Quarterly Council Report: Issue 9, Alec Robertson

Quarterly Council Reports

Reports in this QCR Issue include reviews of the Biennial Conference FUTUREGROUND hosted in November 2004 by Monash University, Melbourne, Australia. Different points of view are provided by Council members, Seymour Roworth-Stokes and Alec Robertson, along with Australia (West) ICM Terry Love. Vesna Popovic ICM for Australia (East) also provides Part 1 of an overview outlining design research within Universities of the region.

Contents

International Reports

Australia (West), Terence Love
Australia (East), Vesna Popovic

Council Officer Reports

Design Studies Editor (ex-officio), Nigel Cross
Events Secretary, Seymour Roworth-Stokes
Publications Officer, Alec Robertson

Contributory Copyright Liability In Napster Versus Grokster: A Distinction Without A Difference, David Corwin

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Riaa V. Verizon Internet Services, Inc.: Peer-To-Peer Networking Renders Section 512 (H) Subpoenas Under The Digital Millennium Copyright Act Obsolete, Thomas P. Owen Jr., A. Benjamin Katz

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Estimating The Cost Of An Adequate Education, John Yinger

Center for Policy Research

It’s Elementary is a series of essays on topics in education and education policy. The main focus is on education finance in New York State, but general research findings in education and education policy issues in several other states are also discussed. John Yinger, Professor of Economics and Public Administration at the Maxwell School, Syracuse University is the author of most of these essays, although a few are written by or co-authored with other scholars.

Introduction, David P. Leonard

Loyola of Los Angeles Law Review

No abstract provided.

Cultural-Competency Training For School-Based Mental Health Service Providers, Natasha Lian Smith

All-Inclusive List of Electronic Theses and Dissertations

Literature on cultural competence has primarily developed in the fields of counseling psychology and counselor education. The field of school psychology has responded to the increased focus of cultural competency by providing recommended skills needed to provide psychological services in schools to diverse individuals and groups. Currently, research in effective cultural competency training has primarily focused on graduate training programs. This study extends the literature on cultural competency training by developing a training model that is appropriate for professionals who are already working in the field. This study first evaluated the impact of a needs assessment on the preparation of …

The Opinion Volume 43 Issue 3 – December 1, 2004, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 01, 2004

Do Policy-Makers Earmark To Constrain Their Successors? The Case Of Environmental Earmarking, Neva Novarro

Economics Department Working Papers

This paper examines whether legislators earmark funds in order to constrain the spending of future legislators with different preferences. Specifically, panel data is used to estimate the probability a new environmental earmarking law is passed as a function of Democrats holding and subsequently losing majority control of the government. The results of this study do not support this hypothesis. In fact, Democrats with a large majority who subsequently lose this majority power following the next election are found to be less likely to earmark funds for the environment. One possible explanation for this finding may be that competing forces make …

European Administrative Proceedings, Sabino Cassese

Law and Contemporary Problems

Cassese discusses the third strategy of administrative integration, mixed or composite proceedings in which both Community and national authorities participate. Cassese analyzes how the common element takes root in the national part of the proceeding, what the national and supranational parts consist of, and the extent to which they remain distinct or appear instead as a single unit.

Three Generations Of Participation Rights Before The European Commission, Francesca Bignami

Law and Contemporary Problems

Bignami offers a conceptual framework for analyzing the development of participation rights before the European Commission from the early 1970s to the present day. Process rights before the Commission can be divided into three categories, each of which is associated with a distinct phase in European Community history and a particular set of institutional actors.

Comparing State Vocational Rehabilitation Agencies With High Verses Low Rates Of Competitive Employment For Blind Consumers: Defining Quality Employment And Describing Effective Service Patterns, Edward Bell

Graduate Theses and Dissertations

State vocational rehabilitation (VR) agencies were rank ordered by their rate of competitive employment for consumers who are legally blind. Based on each state's competitive closure rate (CCR), the top six- and bottom six-ranked agencies were identified and formed two groups of high- and low-performing states. Top- versus bottom-ranked agencies were compared by quality of jobs obtained, services offered, consumer characteristics, and geographic/economic differences. The quality of jobs obtained was assessed via three indices: average wage, medical insurance, and selfsupport. Six services were hypothesized to explain differences between high- and lowranked states: cost of case services, adjustment training, college education, …

Hudson-Delaware, Robert O. Paxton, Joseph C. Burgiel, David A. Cutler, Steve Kelling, Richard R. Veit

North American Birds

No abstract provided.

British Columbia And Yukon, Donald G. Cecile

North American Birds

No abstract provided.

Alaska, Thede Tobish

North American Birds

No abstract provided.

Hudson-Delaware, Robert O. Paxton, Joseph C. Burgiel, Michael Powers, Richard R. Veit, David A. Cutler

North American Birds

No abstract provided.

Illinois And Indiana, Kenneth J. Brock

North American Birds

No abstract provided.

Oregon And Washington, Steven Mlodinow, David Irons, Bill Tweit

North American Birds

No abstract provided.

Alaska, Thede Tobish

North American Birds

No abstract provided.

Middle Pacific Coast, Michael M. Rogers, Steven A. Glover, Luke W. Cole, Scott B. Terrill

North American Birds

No abstract provided.

British Columbia, Donald G. Cecile

North American Birds

No abstract provided.

Pictorial Highlights, North American Birds

North American Birds

No abstract provided.

Iowa And Missouri, James J. Dinsmore

North American Birds

No abstract provided.

Middle Atlantic, Todd M. Day

North American Birds

No abstract provided.